The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-08
NATIONAL CAPITAL NEWS.
Decisions by the Supreme Court Cover
ing Wide Range of Legal Points.
The Efficiency of the Signal Service Seriously
Impaired BY the Failure of the Defcen-
cy Blll-0ther Washington News.
.sHE SUPREME COURT.

All the JUSTICES were IN tnelr seats, except
Justice Woods, who is still in California Decis-
ions rendered in twenty eight cases, of
which the following are those of most general
interest
No. 90 Executors of Elias Speidel. deceased
against The Trustees Of the Harmony Society, of
Beaver County Pennsylvania; appeal from the
United States Circuit Court for the Western dis
trict of Pennsylvania. This was suit brought
by former member OF the Harmony com
munty TO recover what he claimed as his indi-
vidual share in the community property. The
appellant maintains his suit against the trustees
upon the gre ind that the trust is not charity
in the legal Sense; that the members of the
society equitable tenants in common Of the
property held in trust, and that the trust is
unlawful because founded in fraud and against
public policy, and should. therefore, be dis
solved. This court without considering the
questions thus raised as to the nature of the COM
munity and Of the trust decides that inasmuch
as Speidel withdrew from the community in
1891 and never returned to it, and, for more
than fifty years, took no steps to obtain an ac
counting from the trustees or to assert his
alleged rights, he is not now entitled to relief
If he ever had any rights he could not assert
them after such delay. The decree Of the Cir
cult Court is affirmed
No 703 Richard Viterbo, appellant. against
Samuel Fricalder; appeal from the United States
Circuit Court for the Eastern district of Lousi-
ana Viterbo. the appellant. leased from Fricalder
Tor term of five years. a sugar plantation stu
ated on the bank of the Mississippi river in the
parish OF St Charles, Louisiana In the spring
of the following year there was an extraordi-
nary rise of the river, which overflowed the
plantation and rendered it wholly unfit for the
purposes for which it had been leased. Viterbo
thereupon brought this suit to have the lease
Knnuled. This court is of opinion that the
lease, being OF sugar plantation for the pur-
pose OF being used to cultivate sugarcane, the
injury to the plantation by reason of its over
dow and to its capacity for reproducing cane and
sugar AMOUNTED to partial destruction of the
plantation, or, what is the same thing in legal
effect, the making it to be fit for the purpose
for which it WAS leased: that those injuries were
caused by fortuitous and unforeseen event.
and that, under the principles of the civil law
established in Louisiana. the plaintiff is entitled
to have the lease annulled. The decree of the
court below dismissing the bill is reversed and
the case remanded for further proceedings
No. 1926 The Accident Insurance Company of
North America, plaintiff in error. against Lo-
ret'a NJ. Crandall: in error to the United States
'frcuit Court for the District of Illinois This
Is suit upon policy of accident insurance, and
presents the question whether policy of insur
ance against 'body injury effected through ex-
ternal, acc idental and violent MEANS" and occa-
sioning death complete disability to do bust
ness. and providing that ''this insurance shall
not extend to death or disability which may have
been caused wholly or in part by bodily infrmi-
ties or diseases. or by the taking of poison or by
suicide selfinfii cted injuries" covers death
by hanging ones self while insane. This court
holds that the question is. to great extent de-
Ut policy of life insurance which provides that
i shall be null and void if the assured shall die
Sy suicide. or 'shal die by bis own hand.'
This court has repeatedly and uniformly held
shat such provision not containing the words
s'sane or insane does hot include a self-king
by an insane person. There can be no doubt, IN
the present state of the law, that Crandall did
not die by Suicide" within the meaning of this
policy, and the sanIe reasons conclusive
against holding that he died by ''self-inhicted
Injuries DYING by his own hand can
not be predicated OF an insane person;
no more can ''selfinficted injuries" for in
either case it is not his act-not the act of him.
self. Nor does the come within the clause
which provides that the insurance shall not ex-
tend to death or disability. which may have
been caused wholly or in part by bodily infrmi-
ties or disease" The words, BODILY infrmities
or disease" do not include insanity. Upon the
question raised to the effect of the leading
ence of the policy insuring Crandail against
bodily injuries effected through external acct
dental and violent means, the court holds that
this sentence does not speak or what the injury
is 'caused by but looks only to the "meAns"
by which it is effected. No one doubts that
hanging is a violent means of death. As it eff
fects the body from without, it is external, and
according to the decisions as to suicide under
policies of life insurance, it cannot, when done
by an insane person, be held to be other than &C
cdental. The judgment of the Circuit Court in
favor of the plaintiff was correct and is affirmed.
No 1914. The Chicago, Burlington g. Kansas
City Railway Company, plaintiff in error, against
the State or Missouri eX rel. JO1D Il. Cuney, col.
hector; in error to the Supreme Court of Mis-
sour. The judgment appealed from in this case
affirmed the liability to taxation in Missouri for
State and county purposes, of what was properly
known as the Central North Missouri branch
Of the St. Joseph & Iowa railroad, more recently
named the Linneus branch of the Burlington Il
Southwestern Railroad Company, and now
owned by the Chicago, Burlington Kansas
City Railroad Company. The latter company
claims to have succeeded to all the rights. priv
leges and immunites granted to the ST. Joseph
s. Iowa Railroad Company in its charter of 1857
among which was an exemption OF Its stock from
taxation for State and county purposes. In the
opinion of this court it Is not clear that the ex-
empton from taxation given by such charter
"a that granted to the ST. Joseph & Iowa Rail
road Company should be extended to branch
roads constructed under the act of 1868. AS that
statute does not IN terms, grant immunity from
saxation, and as the system established by it IL
complete in itself, without reference to other
legislative enactments the present claim to ex
Amption must be denied, for it is the established
doctrine of this court than an immunity from
taxation by tbs State viii not be recognized. un
less granted in terms too plain to be mistaken
The judgment of the Supreme Court Of Missouri
is affirmed.
No. Sl6 Sabn Robbins, plaintiff in error
against The Taxing District Of Shelby County
Tennessee, in error to the Supreme Court o
: Tennessee. This case arises out of the follow
ing state of facts Robbins was engaged il
Memphis in soliciting orders for stationery for
Cincinnati firm and in exhibiting samples for tn
purpose of effecting sales. State law applies
BILE only to this one taxing district, was in force
subiecting .'drummers' and all persons not ha,
Ing a regular licensed house OF business in tn
district. offering or selling goods by sample, I
n tax Of $40 a week or $50 month. Robbins
who was not a licensed man, was tried, col
victed and fined, and on appeal the ludgmel
was affirmed. The case has been brought
this court on a writ of error upon the groun
that the law imposing the tax
repugnant to that clause of the Constitution
the United States which declares that Congre
a shall have the power to regulate commer
among the several States. The principal Que
ton involved is as to the corstitutionaity OF II
act which imposed the tax, and it is. in Il